Terms of Service and Privacy Policy
All use of Optimal Medicine, referred to in this document as "Optimal Medicine", is subject to the terms and conditions set forth below. Any use of such Web / iOS / Android Apps constitutes the user's agreement to abide by the following terms and conditions.
All information provided by Optimal Medicine is owned by or licensed to Optimal Medicine. Optimal Medicine and its licensors retain all proprietary rights to Optimal Medicine information.
About the Service
Optimal Medicine is a Health and Wellness application. It is designed to support the patients of the Optimal Concierge Medicine practice.
Grant of Right
Subject to these Terms and to the payment of fees, if applicable, Optimal Medicine grants you a worldwide, limited, non-exclusive, revocable, non-transferable, non-sublicensable right to use the Service solely for your business purposes and not for further commercialization or resale. Except as explicitly provided in these Terms, you may not use the Service for any other purpose.
Optimal Medicine has the right to use all material entered into the iOS/Android apps in any of Optimal Medicine print or electronic publications or for any purpose. Except for making one hard copy print of limited portions of Optimal Medicine Information on an ad hoc basis, or downloading as expressly authorized by Optimal Medicine, Optimal Medicine Information may not be reproduced, transmitted or distributed without Optimal Medicine's permission. Optimal Medicine makes no guarantees or warranties as to the accuracy or completeness of or results to be obtained from accessing and using Optimal Medicine Information. Neither Optimal Medicine nor its affiliates shall be liable to any user or anyone else for any inaccuracy, error or omission, regardless of cause, in the Optimal Medicine Information or for any damages resulting there from.
Users entering materials into Optimal Medicine are responsible for the content of that material. This includes, but is not exclusive of all copyrighted information. Optimal Medicine's servers are not certified HIPPA compliant and the user should not upload and patient identifiable information. Optimal Medicine has no responsibility for the content of any messages or information posted by users, or for the content of information of third-parties on the Internet, even if accessed through the ED Shift's pages. However, Optimal Medicine retains the right, which it may or may not exercise, in its sole discretion, to review, edit or delete from the service any third-party material which Optimal Medicine deems to be illegal, offensive or otherwise inappropriate.
Users may through hypertext or other computer "links" gain access to other sites on the Internet which are not part of Optimal Medicine's Web pages. Optimal Medicine assumes no responsibility for any material outside of the Optimal Medicine's Web pages which may be accessed through any such "link".
Hosting
Optimal Medicine has contracted with our commercial database and authentication provider Google Firebasefor a comprehensive authentication, data preservation and storage solution consisting of a full weekly backup with daily incremental backup through a centralized high-speed storage system. The support backup of the live Firestore Server can occur without shutting down the database. In most instances of server failure, a complete database restoration up to the moment of failure the day before can be performed. The User agrees to hold Optimal Medicine harmless in the event that Google Firebase does not provide a copy of the backup database or satisfactory customer services for an adequate database restoration.
Service Fees
There are no fees associated with the use of the Optimal Medicine iOS/Android apps. Optimal Medicine reserves the right to charge fees for the use of the Optimal Medicine iOS/Android apps in the future. Optimal Medicine will notify users before any fees are charged for the use of the Optimal Medicine iOS/Android apps. Optimal Medicine reserves the right to change the fees, surcharges, monthly or other periodic subscription fees or to institute new fees at any time as provided in these Terms. In the event Optimal Medicine introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes in a timely manner with a payment mechanism associated with the applicable paid subscription. If your payment method fails or your account is past due, we may collect fees using other collection mechanisms. Fees may vary based on your location and other factors, and Optimal Medicine reserves the right to change any fees at any time at its sole discretion. Any change, update, or modification will be effective immediately upon posting through the relevant services. Refunds may be available for paid subscriptions as described in our Refund Policy.
The user agrees to indemnify Optimal Medicine from any damages, losses, costs or expenses which Optimal Medicine, its affiliates, their respective employees and authorized representatives may incur as a result of material entered into the app by the user.
Service Level Agreement (SLA)
"Uptime" means the percentage of time in a subscription month that Optimal Medicine's management console and Optimal Medicine's API services are available for access, as measured by Optimal Medicine.
Optimal Medicine strives for a 100% Uptime.
This SLA is your sole and exclusive remedy for any failure by Optimal Medicine to provide the Service.
Intellectual Property
Except for your Contributed Content, all rights, title and interest in and to the Service, including any intellectual property rights, whether registered or not, and any goodwill associated therewith, are owned by, or licensed to Optimal Medicine. Unless as expressly provided herein, these Terms do not grant you any rights to patents, copyrights, trademarks (whether registered or unregistered), trade names, trade secrets, domain names or any other rights, functions or licenses with respect to the Service and you may not use the Service for any other purpose without Optimal Medicine's prior, express written authorization.
Optimal Medicine does not claim ownership over Contributed Content. However, you grant Optimal Medicine permission to use your Contributed Content, for the purposes of providing, developing and supporting the Service. You grant Optimal Medicine permission to use your Company name and logo in Optimal Medicine website and any Optimal Medicine issued publications. If you wish to decline Optimal Medicine's use of your name and logo, please contact Optimal Medicine at info@optimalmed.care. You acknowledge that Optimal Medicine may adjust and modify Contributed Content, per your requests.
Confidentiality
"Confidential Information" means any information furnished or made available by one party to the other, that is identified as "confidential" or "proprietary," either by legend on written or electronically stored material, or which ought reasonably to be recognized as confidential or proprietary by virtue of its nature or the circumstances of its disclosure. The foregoing will not be considered as Confidential Information of a party: (a) information already known to the other party without an obligation of confidentiality, (b) information that is or becomes publicly known other than through a breach by a party of these confidentiality provisions, or (c) information that is independently developed by the other party.
Each of Optimal Medicine and you will maintain strict confidentiality of the other's Confidential Information and will not use, disclose or have such Confidential Information disclosed, directly or indirectly to any third party, except as specifically required to provide or receive the Service, or subject to the other party's prior permission. Each of you and Optimal Medicine will take precautions to maintain the confidentiality of the other party's Confidential Information with the same degree of care as to its own Confidential Information, but in no case less than reasonable care. Upon termination of these Terms, either party will use commercially reasonable efforts to delete all copies of the other's Confidential Information that is stored on its system or in its possession, except for retaining data for legitimate business purposes or as required under applicable laws, including under tax related requirements, account settling, record keeping, archiving and legal issues.
If a party is compelled by law to disclose the other party"s confidential information, then such party will provide the other party a prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at the other party's cost, if the other party wishes to contest the disclosure.
Disclaimer of Warranty
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE IS PROVIDED FOR USE "AS IS", WITHOUT ANY WARRANTIES OF ACCURACY, RELIABILITY, LIKELY-RESULT, MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY OR IT BEING UP-TO-DATE. USE OF THE SERVICE IS AT YOUR SOLE AND EXCLUSIVE RISK.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OPTIMAL MEDICINE AND ITS AFFILIATES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, AND GUARANTEES WITH RESPECT TO THE SERVICE, THE ACCURACY, RELIABILITY, ADEQUACY OR COMPLETENESS OF THE SERVICE OR ANY OTHER MATERIAL PROVIDED BY ANY LINK TO ANOTHER WEBSITE OR SERVICE, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, QUALITY, LIKELY-RESULT, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING, WITHOUT LIMITATION, STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE OR PERFORMANCE OF THE SERVICE WHETHER MADE BY Optimal Medicine AND ITS AFFILIATES" EMPLOYEES OR OTHERWISE, WHICH IS NOT CONTAINED IN THESE TERMS, WILL BE DEEMED TO BE A WARRANTY BY Optimal Medicine OR ITS AFFILIATES FOR ANY PURPOSE, OR GIVE RISE TO ANY LIABILITY OF OPTIMAL MEDICINE OR ITS AFFILIATES WHATSOEVER.
Limitation of Liability
OPTIMAL MEDICINE AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGE, COSTS, EXPENSES AND PAYMENTS OR FOR ANY LOSS OF PROFIT OR LOSS OF DATA, EITHER IN TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), CONTRACT (INCLUDING PRE-CONTRACTUAL STATEMENTS), STRICT LIABILITY, STATUTORY LIABILITY OR IN ANY OTHER CAUSE OF ACTION, ARISING FROM, OR IN CONNECTION WITH THESE TERMS OR THE SERVICE, WHETHER OR NOT Optimal Medicine OR ANY SUCH AFFILIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, LOSS, COSTS, EXPENSES OR PAYMENTS.
OPTIMAL MEDICINE AND ITS AFFILIATES" AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS OR CAUSES OF ACTION ARISING UNDER THESE TERMS OR OR IN CONNECTION WITH THE SERVICE, WHETHER ARISING OUT OF BREACH OF CONTRACT (INCLUDING PRE-CONTRACTUAL STATEMENTS), TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTORY LIABILITY OR ANY OTHER CAUSE OF ACTION, SHALL NOT EXCEED THE TOTAL AMOUNT ACTUALLY RECEIVED BY Optimal Medicine FROM YOU DURING THE TWELVE (12) MONTHS BEFORE THE OCCURRENCE OF THE EVENTS GIVING RISE TO SUCH LIABILITY.
NOTWITHSTANDING ANYTHING ELSE IN THESE TERMS, Optimal Medicine WILL NOT EXCLUDE OR LIMIT ITS LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE; FRAUD OR FRAUDULENT MISREPRESENTATION; OR ANY OTHER LIABILITY WHICH MAY NOT BE LIMITED UNDER APPLICABLE LAW.
Indemnification
You will indemnify, defend and hold harmless, Optimal Medicine, Optimal Medicine's affiliates and Optimal Medicine and Optimal Medicine affiliates' employees, directors, shareholders, advisors or anyone acting on Optimal Medicine's behalf with respect of any claim, demand, damage, loss, loss of profit, payment or expense, including reasonable attorney fees Optimal Medicine incur in connection with an alleged or actual breach of these Terms or an alleged or actual unlawful or tortuous action or inaction with respect to the Service by you or by anyone on your behalf. Such indemnity will include, but will not be limited to, legal expenses and attorney fees.
General
These Terms along with the Privacy Policy specified below constitute the entire agreement between you and Optimal Medicine with respect to the access and use of the Service and supersede any and all agreements, negotiations and understandings, whether written or oral, about the Service, except that if you have separately entered with Optimal Medicine into an online or written agreement or subscription form that incorporates by reference these Term, any terms of such agreement or subscription form that add to, conflict with or change, these Terms shall prevail.
No waiver, concession, extension, representation, alteration, addition or derogation from these Terms will be effective unless effected in writing and signed by the party whose waiver is made.
You may not assign your rights and obligations under these Terms without Optimal Medicine's prior written consent and any assignment without such prior written consent will be void. Optimal Medicine may freely assign its rights and obligations herein. Subject to any provisions herein with regard to assignment, all covenants and agreements herein shall bind and inure to the benefit of the respective heirs, executors, administrators, successors and assigns of the parties hereto.
Severability
If any provision of these Terms is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of these Terms will remain in full force and effect.
Contact Us
You may contact Optimal Medicine with any question about the Service, email at: support@optimalmed.care Optimal Medicine will make efforts to address your inquiry promptly.
Privacy Policy
Morning Report Pro referred to in this document as "Optimal Medicine", has created this privacy statement in order to demonstrate our firm commitment to privacy. The following discloses our information gathering and dissemination practices for this website. Optimal Medicine is the sole owner of the information collected on this site. We will not sell, share, or rent this information to any third party. Optimal Medicine collects information from our users at several different points on our website.
System Registration
In order to use the Optimal Medicine System, the user must first complete the registration form. During this registration process they are required to provide the following personal information: name, email address, and program name. This information is used to associate scheduled shifts to specific users and programs. Also, this information will be used by Optimal Medicine to gather statistics on usage and be enable Optimal Medicine to contact its users. Personal information is accessible only to members of that individual's program. The Optimal Medicine website is maintained on servers running on a trusted Database Provider Google Firebase. They provide the bandwidth and servers that power our site. All information collected from our site is the proprietary content of Optimal Medicine alone and is not shared with any third party.
Sessions
A session is a set of variables that contain information about the user (name and program) and persist on the server while the user is navigating the site. This allows your information to be accessible to all pages of the site without the user having to enter the information. Once the user terminates the session (logs out and closes the internet browser) the information is lost. Sessions make usage of the system easier for the user by eliminating repeated entry of data.
Cookies
Optimal Medicine utilizes the web browser's and native iOS/Android's local storage feature to save your email and if you have logged in. This allows you to stay logged in until you click Log Out which deletes the locally stored information.
Images
Images that are uploaded by users are stored and maintained on Cloudinary. Optimal Medicine is a secure website. All transmission of images is done over a SSL connection. All the images are de-identified and are not associated with any user. No user personal information is sent to Optimal Medicine.
Log Files
We save your name and the times you log in to the database. We also save all your log information and notes entered.
Links
This web site contains links to other sites. Please be aware that we are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every web site that collects personally identifiable information. This privacy statement applies solely to information collected by this Web site.
Security
This website takes every precaution to protect our users' information. All interaction with ED Shifts is encrypted and is protected with the best encryption software in the industry - SSL.
This site has security measures in place to protect the loss, misuse and alteration of the information under our control. All users must log into the application before any information is available. Users' passwords are encrypted and managed by Google Authentication. No passwords are saved on Optimal Medicine servers. Transmission of patient information is regulated by the Health Care Financing Administration (HCFA) and HIPPA. Optimal Medicine is in limited compliance with the official recommendations made by HCFA and HIPPA. All users should not enter any protected health information into Optimal Medicine. Our security features include but are not limited to industry standard 128 bit encryption anytime any sensitive information is passed from your browser to our server.
Content Removal
When a user deletes an image or case, no copy is retained by Optimal Medicine, it is permanently deleted.
Account Deletion
The user can delete their account by tapping on Profile and then Delete My Account. This will delete the user's profile, all log and notes information, and images/documents uploaded.
Advertising & Funding
Funds to operate Optimal Medicine come from corporate sponsorships and license fees collected from programs currently using the Optimal Medicine application.
Notification of Changes
If we decide to change our privacy policy, we will post those changes on our Homepage so our users are always aware of what information we collect, how we use it, and under circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.
Sharing
Optimal Medicine does not share our user's personally identifiable information with any of our partners. At this time, we do not share any anonymous or demographic information to any outside parties or partners.
Email Communications
Optimal Medicine uses email to communicate to our users major updates to the system, system outages, and any changes with our pricing structure or privacy policies.
Corrections/Update Personally Identifiable Information
You may change your personally identifiable information at any time by contacting support at support@optimalmed.care. Your name and email are integrated into the presented cases records. Please allow support personnel sufficient time to make the changes.
Disclosure of Information to Authorities
We will obey orders and other lawful requirements by authorities to disclose information.
Your EU Data Subject Rights
If we process your personal data when you are in the EU, further terms apply to our processing in relation to your rights as a data subject under EU data protection laws. Read more.
Contacting the Web Site
If you have any questions about this privacy statement, the practices of this site, or your dealings with this Web site, you can contact support at support@optimalmed.care.
LEGAL DISCLAIMER
Though we make every effort to preserve your privacy we may need to disclose personal information when required by law or in the good-faith belief that such action is necessary in order to conform to the edicts of the law or comply with a legal process served on our Web site.